TITLE I.

Of Persons liable to Punishment for Crime.

§ 26. Who are capable of committing crimes.

§ 27. Who are liable to punishment.

26. All persons are capable of committing crimes except those belonging to the following classes:

1. Children under the age of fourteen, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness;

2. Idiots;

3. Lunatics and insane persons;

4. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent;

5. Persons who committed the act charged without being conscious thereof;

6. Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence;

7. Married women (except for felonies) acting under the threats, command, or coercion of their husbands;

8. Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to, and did believe their lives would be endangered if they refused. [Approved March 30th, in effect July 1st, 1874.]

Subd. 1. Conclusive presumption of incapacity for crime of infants under seven years-3 Hill, 479; 13 Bush, 230; 14 Com. B. N. S. 435; Plow. 19. See Desty's Crim. Law, § 21.

Rebuttable presumption of incapacity of children between seven and fourteen-31 Ala. 323; 10 Allen, 398; 5 Halst. 163; 9 Humph. 175; 7 Jones, (N. C.) 61; 2 Tenn. 79; 41 Vt. 585: 13 Ired. 184; 13 Bush, 230; 1

PEN. CODE.-4.

Lead. C. C. 71; 4 Car. & P. 226; 1 Cox C. C. 260. Desty's Crim. Law, § 22 a.

Subd. 2. Idiocy, in what consists-24 Ind. 231; 14 Mass. 207; 8 Jones, (N. C.) 136; 2 Va. Cas. 132; 17 Ala. 434; 6 McLean, 121; 6 Parker Cr. R. 43; Desty's Crim. Law, § 24 a.

Subd. 3. Lunatics and insane persons-6 Cal. 543; 24 id. 230; 38 id. 456; 7 Met. 500; 1 Lead. C. C. 94; 31 Cal. 466. See Desty's Crim. Law, § 25, et seq.

Subd. 4. Ignorance, or mistake of fact, may relieve from responsibility for crime-2 McLean, 14; 2 Cush. 577; 9 W. Va. 559; unless caused by carelessness or negligence-1 Conn. 502; 2 Cush. 577; 7 Humph. 148; 24 Ind. 77; id. 80; 2 McLean, 14; 7 Met. 500. See Desty's Crim. Law, § 35 a.

Subd. 6. Accident or misfortune, as an excuse for crime-89 Mass. 541; 80 id. 592; 22 Ga. 479. See Desty's Crim. Law, § 30 a, b.

Subd. 7. Married women under coercion, not responsible for crime-11 Gray, 437; 97 Mass. 593; 103 id. 71; 1 Leach, 348; 1 Car. & P. 116; Dears. & B. 553; 2 Lew. C. C. 229. See Desty's Crim. Law, § 16 a.

Subd. 8. Direct physical compulsion, exempts from punishment2 Dall. 346; 4 Wash. C. C. 402; 8 Car. & P. 616; 7 Wall. 214; 9 W. Va. 358. But threats of future injury, or commands from any other than a husband, do not excuse-18 St. Tri. 391; 5 Car. & P. 133. See Desty's Crim. Law, § 32 b.

27. The following persons are liable to punishment under the laws of this State:

1. All persons who commit, in whole or in part, any crime within this State;

2. All who commit larceny or robbery out of this State, and bring to, or are found with the property stolen in, this State;

3. All who, being out of this State, cause or aid, advise or encourage, another person to commit a crime within this State, and are afterwards found therein.

Jurisdiction-9 Nev. 48; 2 Oreg. 115; and see cases cited in Desty's Crim. Law, § 55 a.

TITLE II.

Of Parties to Crime.

$30. Classification of parties to crime.

§ 31.

Who are principals.

§ 32. Who are accessories.

§ 33. Punishment of accessories.

30. The parties to crimes are classified as: 1. Principals; and,

2. Accessories.

31. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed.

Principals, who are.-A principal is the perpetrator of the offense, or one who is actually present, aiding and abetting-5 Cal. 133; 10 id. 68; 27 id. 340; 48 id. 24; 1 Brev. 385; 15 Ga. 346; 26 Ind. 495; 13 Ired. 114; 12 Ohio St. 214; 9 Pick. 496. See 'Desty's Crim. Law, § 36 a. As principals in the second degree-48 Cal. 24; or accessories before the factid., explaining 40 id. 129; id. 141; 39 id. 75; 32 id. 164. See Desty's Crim. Law, § 40 a. Instigation to crime, id. § 40 b; or aiders and abettors at the fact-48 Cal. 19; id. 64; see Desty's Crim. Law, § 37 a; or accomplices-id. § 38 a. Confederates in a common design, of which the offense is a part, are all principals-47 Ind. 568; 13 Mo. 382; 29 id. 391; 9 Pick. 496; 12 Ohio St. 146. See Desty's Crim. Law, § 39 a. It is not necessary to prove that one of two conspirators struck the fatal blow-49 Cal. 170; nor is one guiltless because the one he kills was already mortally wounded-48 Id. 64. If one person urges, encourages, aids, or assists another to kill, the legal presumption is, that he intends to kill-6 Pac. Coast L. J. 681. The offense of the accessory before the fact is committed in the county where the substantive accessorial acts are consummated-27 Cal. 340; 13 Bush, 142; 114 Mass. 307; 57 How. Pr. 342: 1 Parker Cr. R. 246. See Desty's Crim. Law, § 40 c.

32. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories.

Accessories after the fact, who are-28 Cal. 404; 42 Ga. 321; 1 Swan, 383; 39 Miss. 702. What sufficient to create liability-see Desty's Crim. Law, § 44 a. Legal construction of liability-see id. § 44 a.

Guilty of a substantive crime-40 Cal. 599; 28 id. 404; 40 id. 129. See Desty's Crim. Law, § 45 a.

33. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the State prison not exceeding five years, or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars.